Have you ever tried to defend an Inheritance Act 1975 claim?

[Hobbledehoy]

Just that really.
How was your experience? What did you learn? Any suggestions or advice on defending such a claim or warding off such a claim?

They had been in a relationship for 12 years and married for 5 years. The will was made when they got married.

He didn't specify why he hadn't left his wife any of his stocks and shares or any capital from his own single named accounts in his will (but he had previously discussed with her and us that these were assets accumulated when he was married to mum and therefore for their children when he passed) he also openly said, he felt his private pension death benefits and ongoing monthly pension payments all payable to his widow, the money in their joint accounts and the right to live the remainder of her life in the house was fair provision ......clearly when push came to shove she did not!

The trouble is grief, money and greed do strange things to people. As previously mentioned my Dad had discussed openly the content of his will with his wife, me and my sister to ensure there were no shocks or secrets when the time came for us to execute his wishes. His wife always stated she did not expect to or indeed want to benefit in any way from my late mothers money when Dad died. In reality she couldn't wait to get her thieving hands on it, even denying the conversations had ever taken place.

I have no idea what a judge or mediator would deem fair provision but the settlement we agreed was the best way , for us, of getting this woman out of our lives and allowing us to finally grieve properly for the loss of our father.

The reason that the majority of 1975 Act claims settle is nothing to do with fairness; it's because the executors and beneficiaries take legal advice and, after a long, hard, dispassionate look at the situation (some way down the line from the death of their relative) they appreciate that spending a significant amount (often a high proportion) of the estate on legal fees is no guarantee of a favourable outcome. If you are both ex'or and beneficiary of the will and there are other beneficiaries with a potential conflict of interest you may end up needing 2 sets of lawyers! Noting what you say about the surviving partner having care needs that render them unlikely to be able to remain in the property your best bet is (1) to wait - they may not make a claim (2) to take proper legal advice should a claim be made (3) to lowball the claimant on the basis that any ££ they received would be taken in care fees if they exceed £23,250 in savings+assuming that you are in England or Wales.) In the meantime if the survivor doesn't already have this in hand, or have their own family arranging, I'd suggest that you make an adult social care referral (and make it very clear how much support you are, or are not, prepared to provide informally given your "step" relationship.)

The claimant won't get the entire estate. The needs of the named beneficiaries are a factor considered by the courts, as are the deceased's wishes. But, if someone is financially dependent on you at the time of death and does not have the ability to meet their own needs, the law takes the view that your responsibilities towards them don't end when you die.

At which point, they could have altered their will to make provision for their partner.
Your parent could have lived a much longer life in a care home needing looking after. If they had lived alone, they would have had to sell their home to pay for it. By having a dependent partner living in the home, that would not have happened.
Is there a way that the partner can live in the house until such time as they need to go into care or until they die ‘ cohabit with someone else?

@JennyMule that's the problem - the urge to settle has nothing to do with 'fairness'; it's just to avoid the escalating legal fees of defending a claim and the uncertainty of what a court could do.

@prh47bridge I find it absolutely baffling that such a duty of care is assumed and that it is deemed to continue beyond death. After all, the person could, in life, simply walk away from the partner and cease to maintain them. The law wouldn't pursue them in that scenario (assuming they weren't married, no children etc).